THOMAS AND GAIL CHALMERS AGAINST DIAGEO SCOTLAND LTD [2024] ScotCS CSIH_2 (19 January 2024)

THOMAS AND GAIL CHALMERS AGAINST DIAGEO SCOTLAND LTD [2024] ScotCS CSIH_2 (19 January 2024)

The pleadings, when read as a whole, provide sufficient specification and relevancy for inquiry into the alleged nuisance caused by Baudoinia growth stimulated by ethanol emissions from the defenders' bonded warehouses. The case is clearly periled on Baudoinia being present and causing the discolouration, and the defenders have fair notice of the case to answer. The Lord Ordinary's decision on expenses was within the reasonable exercise of her discretion.

Citation
[2024] ScotCS CSIH_2
Parties
Pursuer and Respondent: Thomas Chalmers; Pursuer and Respondent: Gail Chalmers; Defender and Reclaimer: Diageo Scotland Limited
Jurisdiction
Scotland
Judgment Date
19 January 2024
Procedural Posture
Civil Appeal (reclaiming Motion) / Interlocutory Appeal on Relevancy and Specification, and Expenses
Outcome
Reclaiming motion refused
Legal Topics
Environmental Nuisance, Specification of Pleadings, Causation, Damages, Expenses (costs)
Tort Nuisance Property Law Environmental Nuisance Specification of Pleadings Causation Damages Expenses (costs)

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Parties

Thomas Chalmers

Pursuer and Respondent

Gail Chalmers

Pursuer and Respondent

Diageo Scotland Limited

Defender and Reclaimer

Procedural Posture

Civil Appeal (reclaiming Motion) / Interlocutory Appeal on Relevancy and Specification, and Expenses

Legal Issues

  1. 1 Whether the pleadings by the pursuers/respondents are sufficiently relevant and specified to proceed to proof in a nuisance claim based on emissions from bonded warehouses causing Baudoinia fungus growth and property damage.
  2. 2 Whether certain averments should be excluded from probation for lack of specification.
  3. 3 Whether the Lord Ordinary erred in her decision on the allocation of expenses for the discharged proof.

Ratio Decidendi

The pleadings, when read as a whole, provide sufficient specification and relevancy for inquiry into the alleged nuisance caused by Baudoinia growth stimulated by ethanol emissions from the defenders' bonded warehouses. The case is clearly periled on Baudoinia being present and causing the discolouration, and the defenders have fair notice of the case to answer. The Lord Ordinary's decision on expenses was within the reasonable exercise of her discretion.

Court Disposition

Reclaiming motion refused

Orders

  • The reclaimers' motion for dismissal or exclusion of averments is refused.
  • The Lord Ordinary's interlocutor is affirmed.